PROFESSIONAL EXPERIENCE
GOLDEN & WALTERS PLLC
Lexington, Kentucky
Founding Member, June 1999 – Present
Managing Member, 2005 – Present

Representative Jury Trials:
· Auto Negligence - Laura Bailey and William Bailey v. MCM Business Services, Inc., d/b/a MCM Signs, and Frank Patton, Fayette Circuit Court, Civil Action No. 05-CI-2758. Mr. Walters was lead counsel for Mr. Patton and his employer, MCM Signs, for an accident that occurred when Mr. Patton's sign truck crossed the center line and struck the Plaintiff head-on. Mr. Patton testified at trial that his brakes did not function as he expected, forcing him to cross the center line in an attempt to avoid stopped traffic. As a result of the accident, the Plaintiff shattered her tibia and fibula at the ankle, necessitating internal and external fixation as well as skin and muscle grafting. The Plaintiff called over twenty witnesses to testify at trial, including Dr. Lockstadt, Dr. Bray, and Dr. Granacher, and asked the jury for an award of 1.75 million dollars. After a four-day trial, the jury found that Mr. Patton was not at fault for the accident and awarded the Plaintiff nothing. This matter is currently under appeal.

· Personal Injury/School Liability - Mary Lou and William Stone v. The Irwin Seating Company and the Fayette County Board of Education, et al, Fayette Circuit Court, Civil Action No. 04-CI-0212. Mr. Walters was lead counsel for Mary Lou Stone, who had fallen from the bleachers while attending a basketball game at Tates Creek High School , and her husband. Mrs. Stone underwent four surgeries for a shattered elbow, finally undergoing a total elbow replacement. Mr. Walters sued the manufacturer of the bleachers for a design defect, based upon the tripping hazard that was present if the handrails were not used. Mr. Walters also sued Tates Creek High School and its employees for their failure to use hand rails on the bleachers at the time of Mrs. Stone's fall. Mrs. Stone had over $200,000 in medical bills and a significant claim for her pain and suffering. After three days of trial, the case was settled for an amount satisfactory to Mr. and Mrs. Stone.

• Auto Negligence - Brenda Joyce Wright v. James Thorne and H. Smoot Fahlgren, d/b/a Mill Run Farm, U. S. District Court, Eastern District of Kentucky, Lexington Division, No. 01-114. Mr. Walters was lead trial counsel for Mr. Thorne, the driver of a horse trailer that sideswiped an oncoming passenger car. The Plaintiff claimed soft tissue injuries with resulting treatment by a neurosurgeon, and medical expenses exceeding $9,000.00. After a two-day trial, the Plaintiff was awarded only $3,621.00 of her claimed medicals and $0 for pain and suffering. Furthermore, Plaintiff was assessed 30% of the fault for the accident.

• Pharmacist Malpractice - Carol Jean Wolfe v. Michael Anneken , formerly d/b/a Medical Village Pharmacy, Professional Compounding Centers of America, Inc., Mangat-KUY Plastic Surgery Center, P.S.A., and Devinder S. Mangat, M.D., Kenton Circuit Court, Civil Action No. 01-CI-1771. Mr. Walters represented the target Defendant in this action, Michael Anneken. Mr. Anneken mixed an acid solution for the Plaintiff's facial peel that caused the Plaintiff's face to burn and scar. During an eight-day trial, all parties to the case placed blame on the pharmacist for improperly mixing the solution. Ultimately, however, the jury concluded that all three Defendants shared proportionately for the Plaintiff's damages. The pharmacist paid less than twenty percent of the Plaintiff's claimed damages.

• Construction Default/Mold - David Campbell and Jennifer Campbell v. Childers Building, Inc. and Tim Childers, Lincoln Circuit Court, Civil Action No. 03-CI-00201. Mr. Walters was co-counsel for Childers Building in a suit filed by homeowners for mold infiltration, water damage, and building code violations in their home. The Plaintiffs were claiming over $300,000 for a complete renovation of their home. Mr. Walters focused his representation of Childers Building on the expert witnesses who appeared over the course of the four-day trial. Plaintiffs' experts were alleging that the Plaintiffs' home was ruined by mold and water infiltration, despite the absence of any physical or photographic evidence of mold or water damage. The jury awarded the Plaintiffs only $15,000 for some minor construction defects, and gave no award for mold or water infiltration.

• Civil Rights - Vickie Wilson, et al. v. David Webb, et al. , U. S. District Court, Western District of Kentucky, Bowling Green Division, No. 1:94-CV-45-M. Mr. Walters was co-counsel for two students in a civil rights action against their teacher, Tony Luttrell. The trial lasted two weeks in Federal District Court and over 150 witnesses were listed to testify. The jury awarded a $451,000.00 verdict against the teacher and an award of $180,000.00 in attorney's fees. The U.S. Supreme Court denied the Plaintiff's Writ of Certiorari.

Representative Oral Arguments Before Kentucky Appellate Courts:
• Lexington Fayette County Food and Beverage Association v. Lexington-Fayette Urban County Government, Kentucky Supreme Court, 131 S.W.3d 745 (2004). Mr. Walters represented a group of Fayette County bar and restaurant owners who were contesting the constitutionality of the smoking ban enacted by the Lexington Fayette Urban County Government. This smoking ban was the first of its kind in the state of Kentucky , and made national news due to Kentucky 's reputation as a tobacco state. During the course of this litigation, Mr. Walters appeared numerous times on state and local news broadcasts, local radio programs, and was quoted often in the state's newspapers. During a seven month period, Mr. Walters appeared twice before the Fayette Circuit Court, twice before the Kentucky Court of Appeals, and finally before the Kentucky Supreme Court to argue the constitutionality of the ban. Ultimately, the Supreme Court upheld the smoking ban in a 6 to 1 published opinion.

• Board of Education of Fayette County , Kentucky v. Melinda Lewis Cobb, Kentucky Supreme Court, 163 S.W.3d 389 (2005). Mr. Walters and his partner, Dale Golden , represented Ms. Cobb before a three person tribunal and an administrative law judge in a hearing on the propriety of her termination. The Fayette County School Board had terminated Ms. Cobb, a principal, for allegedly bringing a gun into the school building among other various charges. The tribunal ultimately found that the firing was not substantiated, and instead concluded that a short suspension was more appropriate. The school board appealed the tribunal's decision, and argued that the tribunal did not have the power to reduce the punishment handed out by the school superintendent. Mr. Walters argued before the Kentucky Supreme Court that the tribunal did have this power, and the Supreme Court agreed in a published decision.

• Metropolitan Property & Casualty Insurance Company v. Robert B. Overstreet, Judge, Kentucky Supreme Court, 103 S.W.3d 31 (2003). Mr. Walters represented MetLife in a case that set the standard in Kentucky for Plaintiff's counsel's involvement in a medical examination of their client. In the underlying case, the Trial Judge ordered that the Plaintiff would be permitted to video tape the medical examination of the Plaintiff performed by the physician retained by MetLife. Mr. Walters, on behalf of MetLife, appealed that decision to the Supreme Court. The Supreme Court ultimately concluded in a published opinion that, while the Plaintiff was entitled to video tape the defense's medical examination under certain limited circumstances, there must be a specific showing by Plaintiff's counsel of a need for such video taping.

• Richard S. Sexton v. Stephen L. Bates, Judge, Kentucky Court of Appeals , 41 S.W.3d 452 (2001). Mr. Walters represented Mr. Sexton in a case that found a civil defendant in Kentucky has the right to choose the physician who will examine the plaintiff. The Judge in the underlying case ordered that the Court would choose a physician to perform a medical examination on the Plaintiff, as opposed to allowing the Defendant to make that choice. Mr. Walters appealed the Judge's decision directly to the Kentucky Court of Appeals, arguing that the Trial Judge does not have the authority to choose the examining physician on behalf of the Defendant. The Kentucky Court of Appeals agreed, and concluded that the Defendant and his counsel had the sole discretion to select a physician of their choosing. This decision was not appealed to the Supreme Court, and the Court of Appeals' decision was published.

• Geneva C. Bartley v. Educational Training Systems, Inc., Kentucky Supreme Court 134 S.W.3d 612 (2004). Mr. Walters represented the Defendant, ETS, who was awarded Summary Judgment on the Plaintiff's claim of a slip and fall injury based upon the use of a runner in ETS' classroom. The Trial Court concluded that the Plaintiff could not establish an inherent problem with the runner, and could not establish that the condition of the runner was known to ETS prior to the fall. This decision was appealed by the Plaintiff, and, in the interim, the law changed with regard to the proper standard for summary judgment on a slip and fall in a public store. The Supreme Court concluded that the change in the law applied to a school as well, and remanded the case to the Trial Court for further proceedings consistent with that ruling.

MEDIATION TRAINING
· Completed 40 hour training course given by Administrative Office of the Courts

EDUCATION
UNIVERSITY OF KENTUCKY COLLEGE OF LAW
Juris Doctor Degree, Magna Cum Laude, May 1995

UNIVERSITY OF KENTUCKY GRADUATE SCHOOL OF BUSINESS
Masters of Business Administration, May 1995

TRANSYLVANIA UNIVERSITY
Bachelor of Arts in Business Management, Cum Laude, May 1990

ACCOMPLISHMENTS & HONORS
LAW SCHOOL
• Published Note in the Kentucky Law Journal: “The Constitutional Duty of Teachers to Protect Students: Employing the Sufficient Custody Test”
• Appointed Notes Editor, Kentucky Law Journal
• Selected as a member of the Trial Advocacy Board's National Team